Florida Senate - 2011 SB 776
By Senator Diaz de la Portilla
36-01609-11 2011776__
1 A bill to be entitled
2 An act relating to public school class size maximums;
3 amending s. 1003.03, F.S.; deleting provisions which
4 impose financial penalties, and provide calculations
5 therefor, on school districts that do not meet maximum
6 class size requirements; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Subsection (5) of section 1003.03, Florida
11 Statutes, is renumbered as subsection (4) and present subsection
12 (4) of that section is amended to read:
13 1003.03 Maximum class size.—
14 (4) ACCOUNTABILITY.—
15 (a) If the department determines that the number of
16 students assigned to any individual class exceeds the class size
17 maximum, as required in subsection (1), based upon the October
18 student membership survey, the department shall:
19 1. Identify, for each grade group, the number of classes in
20 which the number of students exceeds the maximum and the total
21 number of students which exceeds the maximum for all classes.
22 2. Determine the number of FTE students which exceeds the
23 maximum for each grade group.
24 3. Multiply the total number of FTE students which exceeds
25 the maximum for each grade group by the district’s FTE dollar
26 amount of the class size categorical allocation for that year
27 and calculate the total for all three grade groups.
28 4. Multiply the total number of FTE students which exceeds
29 the maximum for all classes by an amount equal to 50 percent of
30 the base student allocation adjusted by the district cost
31 differential for the 2010-2011 fiscal year and by an amount
32 equal to the base student allocation adjusted by the district
33 cost differential beginning in the 2011-2012 fiscal year and
34 thereafter.
35 5. Reduce the district’s class size categorical allocation
36 by an amount equal to the sum of the calculations in
37 subparagraphs 3. and 4.
38 (b) The amount of funds reduced shall be the lesser of the
39 amount calculated in paragraph (a) or the undistributed balance
40 of the district’s class size categorical allocation. The Florida
41 Education Finance Program Appropriation Allocation Conference
42 shall verify the department’s calculation in paragraph (a). The
43 commissioner may withhold distribution of the class size
44 categorical allocation to the extent necessary to comply with
45 paragraph (a).
46 (c) In lieu of the reduction calculation in paragraph (a),
47 if the Commissioner of Education has evidence that a district
48 was unable to meet the class size requirements despite
49 appropriate efforts to do so or because of an extreme emergency,
50 the commissioner may recommend by February 15, subject to
51 approval of the Legislative Budget Commission, the reduction of
52 an alternate amount of funds from the district’s class size
53 categorical allocation.
54 (d) Upon approval of the reduction calculation in
55 paragraphs (a)-(c), the commissioner must prepare a reallocation
56 of the funds made available for the districts that have fully
57 met the class size requirements. The funds shall be reallocated
58 by calculating an amount of up to 5 percent of the base student
59 allocation multiplied by the total district FTE students. The
60 reallocation total may not exceed 25 percent of the total funds
61 reduced.
62 (e) Each district that has not complied with the
63 requirements in subsection (1) shall submit to the commissioner
64 by February 15 a plan certified by the district school board
65 that describes the specific actions the district will take in
66 order to fully comply with the requirements in subsection (1) by
67 October of the following school year. If a district submits the
68 certified plan by the required deadline, the funds remaining
69 after the reallocation calculation in paragraph (d) shall be
70 added back to the district’s class size categorical allocation
71 based on each qualifying district’s proportion of the total
72 reduction for all qualifying districts for which a reduction was
73 calculated in paragraphs (a)-(c). However, no district shall
74 have an amount added back that is greater than the amount that
75 was reduced.
76 (f) The department shall adjust school district class size
77 reduction categorical allocation distributions based on the
78 calculations in paragraphs (a)-(e).
79 Section 2. This act shall take effect July 1, 2011.